EMPLOYER CHECKLIST
FOR PREPARING A LABOR CERTIFICATION APPLICATION
- Prepare draft advertisement for the position with minimum education, experience and other requirements listed.
- Submit prevailing wage request to Department of Labor and review wage quote.
- Newspaper Advertisement for two (2) different Sundays.
- For professional positions, the employer must undertake three (3) out of the following ten (10) additional recruitment steps:
(A) Job Fairs. Recruitment at job fairs for the occupation involved in the application, which can be documented by brochures advertising the fair and newspaper advertisements in which the employer is named as a participant in the job fair.
(B) Employer’s Website. The use of the employer’s website as a recruitment medium can be documented by providing dated copies of pages from the site that advertise the occupation involved in the application.
(C) Job Search Website Other than the Employer’s. The use of a job search website other than the employer’s can be documented by providing dated copies of pages from one or more website(s) that advertise the occupation involved in the application. Copies of web pages generated in conjunction with the newspaper advertisements can serve as documentation of the use of a website other than the employer’s. The Star Ledger will publish your print advertisement on their website.
(D) On-campus Recruiting. The employer’s on-campus recruiting can be documented by providing copies of the notification issued or posted by the college’s or university’s placement office naming the employer and the date it conducted interviews for employment in the occupation.
(E) Trade or Professional Organizations. The use of professional or trade organizations as a recruitment source can be documented by providing copies of pages of newsletters or trade journals containing advertisements for the occupation involved in the application for alien employment certification.
(F) Private Employment Firms. The use of private employment firms or placement agencies can be documented by providing documentation sufficient to demonstrate that recruitment has been conducted by a private firm for the occupation for which certification is sought.
(G) Employee Referral Program with Incentives. The use of an employee referral program with incentives can be documented by providing dated copies of employer notices or memoranda advertising the program and specifying the incentives offered.
(H) Campus Placement Offices. The use of a campus placement office can be documented by providing a copy of the employer’s notice of the job opportunity provided to the campus placement office.
(I) Local and Ethnic Newspapers. The use of local and ethnic newspapers can be documented by providing a copy of the page in the newspaper that contains the employer’s advertisement.
(J) Radio and Television Advertisements. The use of radio and television advertisements can be documented by providing a copy of the employer’s text of the employer’s advertisement along with a written confirmation from the radio or television station stating when the advertisement was aired.
- Post Job Notice on Premises.
The employer must post notice of the job opportunity for at least ten (10) consecutive business days. The notice must contain the salary, but many contain a wage range, so long as the lower level of the range meets or exceeds the prevailing wage. As required by IMMACT 90, the notice must say that any person may provide documentary evidence bearing on the application.
- Post Job Notice in In-House Media.
In addition to printed posted notice, the employer must use any and all in-house media, whether electronic or printed, in accordance with normal procedures used for recruitment for similar positions in the organization. This appears to allow employers to avoid listing executive-level position in in-house media if it is not normal practice to do so.
- Place Job Order with Department of Labor
The employer must place a job order with the Department of Labor for a period of thirty (30) days.
- Review Resumes and Prepare Recruitment Report
A recruitment report must be prepared that describes the recruitment steps taken and the results. The recruitment report must include the number of hires and the number of U.S. workers rejected, categorized by the lawful job-related reasons for rejection.
An applicant’s failure to meet the employer’s stated minimum requirements is a lawful reason for rejection; however, if a worker lacks a skill that may be acquired during a reasonable period of on-the-job training, the lack of that skill is not a lawful basis for rejecting an otherwise qualified worker.
Supporting documents must be retained for five (5) years from date of filing for possible audit.
- File the Application
Using a new form, Application for Permanent Employment Certification (ETA 9089), employers can file either electronically or by mail to the appropriate processing center.
